Landlord Not Liable for Slip and Fall on Steps

January 1, 2005

LVT Number: 17790

Tenant sued landlord for negligence after slipping and falling on vestibule steps in the building. Tenant claimed that landlord knew the steps were wet. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The water on the steps was clear, not dirty, and appeared to have come from a shaken umbrella. It didn't matter that it had been raining for several hours and that the building had a doorman. Landlord required the doormen to put a mat down in the lobby when it rained, but not in the vestibule.

Tenant sued landlord for negligence after slipping and falling on vestibule steps in the building. Tenant claimed that landlord knew the steps were wet. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The water on the steps was clear, not dirty, and appeared to have come from a shaken umbrella. It didn't matter that it had been raining for several hours and that the building had a doorman. Landlord required the doormen to put a mat down in the lobby when it rained, but not in the vestibule. Tenant didn't prove landlord was negligent.

Verde-Stefani v. Melohn Properties, Inc.: NYLJ, 12/23/04, p. 28, col. 4 (App. Div. 1 Dept.; Tom, JP, Saxe, Sullivan, Friedman, JJ)

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